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Bijural Terminology Records

Common Law

special damages

Civil Law

pre-trial pecuniary loss

Title of the Legislative Text

Crown Liability and Proceedings Act, R.S.C. (1985), c.
C-50

Provision

31. (3) Where an order referred to in
subsection (2) includes an amount for special damages, the
interest shall be calculated under that subsection on the balance of special
damages incurred as totalled at the end of each six month period
following the notice in writing referred to in paragraph (2)(b) and at
the date of the order.

Problem

Only common law terminology ("special damages" /dommages-intérêts
spéciaux) is used in both linguistic versions. In common law, these damages refer to
pecuniary losses occurring before trial. Although not recognized by this name
in civil law, these damages are compensated in the same way as in common law;
for example, reference can be made to loss of income before trial. In civil
law, the term "pre-trial pecuniary loss" and its French equivalent perte pécuniaire antérieure au
procès correspond to the common law concept.

Solution

In the French version, the term perte pécuniaire antérieure au procès is added. In the English version, the term "pre-trial pecuniary loss" is added.

Harmonized Provision

31. (3) When an order referred to in
subsection (2) includes an amount for, in the Province of Quebec,pre-trial pecuniary lossor, in any other province,special damages, the interest shall be calculated under that
subsection on the balance of the amount as totalled at the end of each six
month period following the notice in writing referred to in paragraph (2)(b)
and at the date of the order.